By Pearl Cantrell Monitor Staff Writer GUN BARREL CITY–The members of Flotilla 5-14 held their annual awards dinner Saturday night. Enthusiasm is high for the year ahead starting with a full lake at the Cedar Creek Reservoir. “We expect to have a very big summer,” Cmdr. Bill Fackler said. “I look forward to a great […]

By Erik Walsh Monitor Sports Editor MABANK–The Mabank Panthers baseball team is looking for some regularity. More than half of the games have been cancelled or rescheduled due to soaking baseball diamonds. Constant rains have turned fields all over East Texas sopping wet, forcing teams to move practice indoors and get more work in at […]

By Pearl Cantrell Monitor Staff Writer MABANK–The first day back from Spring Break and about 40 students from Mabank Intermediate School are happy to stay after school for an hour of fun, friendship and Bible study. Lead by volunteers, under a national nondenominational organization, KiDs Beach Club is making an impact on students and their […]

The court agreed with Mays’ lawyers that additional review is needed to determine if Mays is mentally competent for execution.

Eight years ago in a shootout with police, Mays killed two Henderson County deputies and wounded a third, after the deputies were called to Mays’ residence on a domestic disturbance call in Payne Springs May 17, 2007.

Investigator Paul Habelt and Deputy Tony Ogburn were the first to arrive. They were shot down the same day the county held its annual peace officer memorial.

Mays was set for lethal injection Wednesday evening in Huntsville.

Henderson County District Attorney Scott McKee called the ruling “disappointing for the family and friends of Paul, Tony and Kevin, as well as the entire law enforcement community.”

The law holds that it is unconstitutional to execute a person who does not know why he is to be executed and that the execution is imminent.

“We believe that Mays is fully competent and that the people of Henderson County, through the jury in this case, issued a clear message in its verdict,” McKee said.

Although the court in Austin issued a stay, it has not overturned Judge Carter Tarrance’s Feb. 27 ruling that held Mays had not raised substantial doubt of his competency to be executed, McKee pointed out.

As the judge who handled the case over the past eight years, McKee argues that Tarrance is the most qualified to ascertain May’s competency for execution.

“We certainly hope and advocate for the CCA to uphold his ruling and allow Judge Tarrance to set another execution date,” he said.

If the CCA overturns Tarrances ruling, the court would appoint at least two independent experts to evaluate Mays for competency. After the evaluations, another hearing would then be had and Judge Tarrance would have to rule again. And of course, the CCA would review that ruling, McKee explained.

News sources reported that carrying out the execution would deplete the Texas Department of Criminal Justice’s supply of pentobarbital used for lethal injections and now difficult to obtain for capital punishment.
At least four Texas executions are scheduled for April.

New business inquiries directed to EDC, which will work closely with city staff

By David Webb
Monitor Correspondent
GUN BARREL CITY–The Gun Barrel City Council gave the Economic Development Corp. the responsibility of negotiating with new businesses following a lengthy debate Tuesday.
The council approved a motion by Councilwoman Carol Calkins that City Manager Gerry Boren direct all future inquires and negotiations with restaurants to the EDC. The motion also stated that Boren and his staff would work closely on the development of 380 agreements for restaurants and other commercial interests.
Calkin said she had worked closely with Boren and EDC President David Skains on the plan, and that they both agreed the approach would be beneficial by limiting negotiations to “one voice.” The councilwoman said Boren should be more focused on “the major areas of managing the city services, including police, fire, parks, and infrastructure including roads.”
Before the council approved Calkins’ motion, Councilman Marty Goss, a longtime critic of the EDC, objected to the plan and amended the motion to remove any mention of 380 agreements, which are allowed under the Texas Local Government Code to provide money, loans, city personnel and city services to promote economic development.
In a 3-2 vote, the council rejected Goss’ amendment and approved Calkins’ motion. Mayor Jim Braswell and Councilman Ronald Wryick voted with Calkins. Councilman Rodney Bevill voted with Goss.
After the meeting, Goss said the council’s approval of the motion “muddied the waters.” He complained that the EDC directors do not understand their roles, and that they believe they possess more authority than they really do.
About 18 months ago, the council gave the city manager sole authority to negotiate 380 agreements with restaurants only during a period of conflict between the EDC and the council. “This does not need to be rehashed,” Goss said during the debate.
Goss said the council, city staff and EDC had not been following the city’s charter. That failure led to all of the conflict between the council and EDC, he said. “If we follow the charter, a lot of the problems we have been having will go away,” he said.
Goss said the city’s 380 agreements are standard instruments that do not need to be negotiated. The city’s policy on the agreements is, “If they don’t ask, we don’t offer them,” according to city officials.
In response to Goss, Calkins argued that the 380 agreements developed by the city in the past proved to be flawed. “It is not tried and true,” Calkins said. “In effect, it is incorrect at the present time.”
Calkins said her motion did not move responsibility for preparation of the actual 380 agreement away from city staff. It only gave responsibility for the discussion and negotiation of incentives to the EDC.
After the meeting Goss said that he believes Gun Barrel City has outgrown the use of a volunteer board of directors to direct EDC business, and that a professional director should be hired to coordinate economic development in the city.
Calkins said in an e-mail she disagrees with Goss’ assessment of the EDC. “I really do not understand where he is coming from,” she said. “I have been quite impressed with the credentials and professional resumes of the EDC board. From attending their meetings and watching the video meetings, it is apparent to me that they take their fiduciary responsibilities seriously.”
In other action, the council:
• tabled all discussion about plans to develop a farmers market in Gun Barrel City on Main Street at the site of the old city hall building until a special meeting called for 4 p.m. Monday, March 2.
• authorized Boren to apply for a Local Government Management Assessment Program that will measure efficiency. The program is a free service managed by the Texas Comptroller.
• learned city staff estimated the economic impact of July Fest to be about $191,000.
• ordered city staff to ensure that the allocation of hotel/motel occupancy tax revenue complies with legal requirements.
• heard reports about city staff plans to update building and fire codes.
• discussed plans for city officials to attend National Incident Management System training for disaster preparation.

Monitor Staff Reports
ATHENS A man charged with kidnapping is behind bars at the Henderson County Jail, after a 2-month-old girl he had taken from her mother Feb. 3 in Gun Barrel City was returned.
Jimmy Dale Wilson, most likely the child’s biological father, turned himself in to the sheriff two days later. He is being held on bonds totaling $169,000.
The 39-year-old was also charged with theft of property, terroristic threat and unauthorized use of vehicle. It is uncertain whether these charges were from outstanding warrants elsewhere or in connection with the kidnapping. The bond set on the kidnapping charge is $150,000.
According to Gun Barrel City Police Department reports, Wilson took the baby shortly after 6 p.m. Feb. 3, following an argument with 23-year-old Beatrice Dawson. About an hour later the baby was once more in the woman’s custody.
Wilson left on foot with the child, and Dawson called police.
The police immediately began to search the area for Wilson and the infant.
The city activated its emergency alert system, while officers combed the Willowood area, south of State Highway 334, but were unable to locate the man. Residents in the area were warned to remain inside their homes.
Police learned that Wilson was able to get a ride out of town toward Athens and may be found with close relatives.
Investigators contacted the Athens Police Department alerting them that Wilson may be headed their way.
At about 7 p.m., the baby was brought to the Athens PD by Wilson’s parents, who live in Athens. A check of the child revealed her to be in good condition.
The child’s mother was informed and she went to the Athens Police station to take custody of her child.